Although we affirm the determination made at Special Term, we employ a different analysis to arrive at the conclusion that no issue of fact exists so as to warrant a trial of this matter. Through a series of leasing arrangements, the plaintiff's predecessor in interest, 650 Fifth Avenue Associates (Associates), acquired the air rights to properties located at 640 Fifth Avenue and 6-8 West 52nd Street. These properties were owned by defendant and abut the subject property...
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